Article 12 Exchange of classified information with third States and international organisations
1. Where the Council determines that there is a need to exchange EUCI with a third State or international organisation, an appropriate framework shall be put in place to that effect.
2. In order to establish such a framework and define reciprocal rules on the protection of classified information exchanged:
(a) the Council shall conclude agreements on security procedures for exchanging and protecting classified information (hereinafter referred to as ‘security of information agreements’); or
(b) the Secretary-General may enter into administrative arrangements in accordance with paragraph 17 of Annex VI where the classification level of EUCI to be released is as a general rule no higher than RESTREINT UE/EU RESTRICTED.
3. Security of information agreements or administrative arrangements referred to in paragraph 2 shall contain provisions to ensure that when third States or international organisations receive EUCI, such information is given protection appropriate to its classification level and according to minimum standards which are no less stringent than those laid down in this Decision.
4. The decision to release EUCI originating in the Council to a third State or international organisation shall be taken by the Council on a case-by-case basis, according to the nature and content of such information, the recipient’s need-to-know and the measure of advantage to the EU. If the originator of the classified information for which release is desired is not the Council, the GSC shall first seek the originator’s written consent to release. If the originator cannot be established, the Council shall assume the former’s responsibility.
5. Assessment visits shall be arranged to ascertain the effectiveness of the security measures in place in a third State or international organisation for protecting EUCI provided or exchanged.
6. Provisions for implementing this Article are set out in Annex VI.